The confiscations are mostly carried out under Israeli declarations of “military necessity,”79
“public purpose,”80 or “state land” strictly limited for Israeli-Jewish use only,81 as well as
defining Palestinian property as abandoned property.82 In addition, numerous laws and
policies restrict Palestinian landowners’ access to and use of their land so that the Palestinian
land owner may still hold de jure ownership, when in fact the de facto access and use have been
transferred to Israel.83
1.2.4. Discriminatory Zoning and Planning
In order to contain the growing Palestinian population, Israel applies discriminatory zoning
and planning policies which prevent Palestinians from using their own land or accessing
public land, and are designed to undermine and restrict the development of Palestinian cities,
villages, and localities. As a result, thousands of Palestinian families live in overcrowded and
unsafe conditions. Due to unlawful modifications to pre-existing planning laws, Palestinians
76
Segev, The First Israelis (n 39).
IMEU, ‘Fact Sheet: Palestinian Citizens of Israel’ (IMEU, 17 March 2021) <https://imeu.org/article/fact-sheetpalestinian-citizens-of-israel> accessed 3 October 2022.
78
BADIL, Israeli Land Grab and Forced Population Transfer of Palestinians: A Handbook for Vulnerable Individuals and Communities
(BADIL 2013) <https://www.badil.org/phocadownloadpap/Badil_docs/publications/handbook2013eng.pdf>
[hereinafter BADIL, Israeli Land Grab].
79
In Dweikat v Government of Israel, the Israeli High Court of Justice (HCJ) refused to use “military necessity” as a
justification for land confiscation to build settlements; nonetheless, “military necessity” can still be used as a justification
to confiscate land for purposes other than colonies: see HCJ 390/79 Izzat Muhammad Mustafa Dweikat et al v Government
of Israel et al, 34 PD 1 (10 October 1980).
80
Land Acquisition (Validation of Acts and Compensation) Law (1953) 5713-1953 <https://jewishvoiceforpeace.org/
wp-content/uploads/2016/06/Israeli-Land-Acquisition-Law-1953.pdf> accessed 3 October 2022. The establishment
of nature reserves and national parks was the result of Military Orders 363 and 373, respectively.
81
Under Article 55 of the 1907 Hague Regulations, an Occupying Power (OP) may use public lands and even derive
profit (usufruct), however, it is not permitted to behave as or become the owner of such lands. Additionally, under
Article 43, the OP is required to respect the laws in place prior to occupation. See BADIL, Israeli Land Grab (n 78),
34-43.
82
The Order extends to include property owned by a resident of an enemy country or corporation owned by residents
of an enemy country; see Order Regarding Abandoned Property (Private Property) (Judea and Samaria) 5727-1967,
1967.
83
B’Tselem, Access Denied: Israeli Measures to Deny Palestinians Access to Land around Settlements (B’Tselem 2008), 7 <http://
www.btselem.org/publications/summaries/200809_access_denied> accessed 3 October 2022.
77
15
Chapter
Israel deploys a two-fold strategy that seeks to seize land through its manipulative
categorization of land on the one hand, and denial of access to and use of land on the
other, in order to free up more land for future seizure. This policy has resulted in 85 percent
of Mandatory Palestine dedicated for the exclusive benefit of Israeli-Jews.76 Palestinians
with Israeli citizenship, who constitute approximately 21 percent of the population are
confined to less than three percent of the land.77 Israel has confiscated or de facto annexed
more than 70 percent of the West Bank (including East Jerusalem) for the exclusive benefit
of Israeli-Jewish colonizers.78
1
1.2.3. Land Confiscation and Denial of Use